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Peru AI Officer Directive (2026)

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Law & policy information
Name
Peru AI Officer Directive
Jurisdiction
Peru — specified public entities and state enterprises
Instrument type
Administrative AI-governance directive and approving resolution
Bill / legal citation
Directiva N° 002-2026-PCM/SGTD; Resolution N° 004-2026-PCM/SGTD
Legislative or adoption status
Approved; resolution published October 21, 2026
Effective dates
Resolution effective October 22, 2026; phased appointment and profile requirements
Last source verification
October 31, 2026 — original resolution and complete official directive

Peru’s AI Officer Directive (Directiva N° 002-2026-PCM/SGTD) sets the profile, appointment arrangements and responsibilities of the Oficial de Inteligencia Artificial (OIA) in public entities. The Secretariat of Government and Digital Transformation (SGTD) approved it by Resolution N° 004-2026-PCM/SGTD, dated October 19 and published October 21, 2026. The resolution took effect October 22, with separate transition periods for appointments and professional qualifications.[1] This article summarizes the Spanish original.

Scope and institutional role

The directive applies to the public-administration entities and state enterprises specified in Article 3, including FONAFE and enterprises within its remit. It excludes the private legal persons identified in paragraph 8 of the cited general administrative-procedure provision. Private organizations may use the directive as a reference where it adds value; it does not generally require private companies to appoint this officer.[2]

The OIA reports to the entity’s highest administrative authority and joins its Government and Digital Transformation Committee (CGTD) with a vote. Appointment may add the role to existing functions and does not itself require a new funded post. Article 7 provides technical autonomy and protection against adverse measures motivated by the officer’s technical opinions or warnings, while preserving liability for misconduct.[2]

Duties and safeguards

Article 10 assigns the OIA institutional AI-policy and action-plan preparation, implementation oversight, and coordination with data-governance, personal-data and digital-security officers. Responsibilities include risk classification and effective human-supervision measures; impact assessment of bias, vulnerabilities and fundamental-rights risks; pre-deployment validation and risk testing; an updated institutional AI-system register; and immediate internal communication of relevant security incidents. The officer coordinates monthly reporting to the highest administrative authority and consolidated quarterly reporting to the CGTD.[2]

The approving resolution separately requires public entities using third-party assistance for the OIA to safeguard personal data and institutional information under the applicable security policies and law. Professional-certification standards are to be developed progressively: that process does not suspend appointments or operations. Implementation uses existing institutional budgets without additional Treasury resources.[1]

Appointments and transition periods

Article 11 measures the following maximum appointment periods from the day after publication, October 22, 2026:[2]

  • Six months for the national entities listed in Table 4, including ministries and attached entities, constitutionally autonomous bodies, the judiciary, Congress, the specified state-business entities, FONAFE and public universities.
  • Nine months for regional governments and their specified business entities.
  • Twelve months for type A and C municipalities and the listed local-government business entities and public companies.

The directive also has distinct rules for other municipal categories, public healthcare institutions and dependent budget-executing units. For example, Article 14 supplies a reduced profile for type B, D, E, F and G local governments; Article 8 links designation of a separate AI coordinator in dependent units to data-governance maturity. Those provisions should not be collapsed into a single deadline for every public body.[2]

Designations and subsequent changes must be communicated and registered within seven working days. Temporary appointments under Articles 13 and 18 are limited to 120 non-extendable calendar days, with conflict-of-interest and continuity provisions.[2]

Professional profile and accountability

Article 9 specifies legal and technical knowledge, ethical suitability, an academic bachelor’s degree, qualifying specialization and professional experience. Its general experience requirement is four years, including three years of specified relevant work; the specialization provisions include a 40-hour course route and an exception for specified completed master’s studies. The resolution makes compliance with the Article 9 profile enforceable twelve months after entry into force. Article 20 separately addresses officers appointed before the directive, including a one-time twelve-month adaptation period where their profile is incomplete.[2][1]

The highest administrative authority evaluates performance annually with human-resources assistance. The directive requires documented handover and continuity arrangements. These are prescribed governance requirements; their publication does not establish that every covered entity has completed an appointment or implemented all controls.[2]

References

  1. ↑ 1.0 1.1 1.2 El Peruano, Resolution N° 004-2026-PCM/SGTD, October 21, 2026, Articles 1–6 and final provisions.
  2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 PCM, Directiva N° 002-2026-PCM/SGTD, official 22-page annex, Articles 3–20, version 1.0.0, October 2026.